[Federal Register Volume 62, Number 140 (Tuesday, July 22, 1997)]
[Proposed Rules]
[Pages 39199-39202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19212]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL145-1, IL152-1; FRL-5861-4]
Approval and Promulgation of Implementation Plan; Illinois
Designation of Areas for Air Quality Planning Purposes; Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On November 14, 1995, May 9, 1996, June 14, 1996, and February
3, 1997, the State of Illinois submitted a State Implementation Plan
(SIP) revision request to meet commitments related to the conditional
approval of Illinois' May 15, 1992, SIP submittal for the Lake Calumet
(SE Chicago), McCook, and Granite City, Illinois, Particulate Matter
(PM) nonattainment areas. The EPA is proposing limited approval and
limited disapproval of the portion of the SIP revision request that
applies to the Granite City area because it does not correct all of the
deficiencies of the May 15, 1992 submittal, as discussed in the
November 18, 1994, conditional approval notice. This action entails
approval of the submitted regulations into the Illinois SIP for their
strengthening effect, and disapproval of the submittal for not meeting
all of the commitments of the conditional approval. All of the
deficiencies were corrected, except that Illinois failed to provide an
opacity limit for coke oven combustion stacks which is reflective of
their mass limits. No action is being taken on the submitted plan
corrections for the Lake Calumet and McCook areas at this time. They
will be addressed in separate rulemaking actions.
On March 19, 1996, and October 15, 1996, Illinois submitted a
request to redesignate the Granite City area to attainment for PM. The
EPA is also proposing disapproval of this request because the area does
not have a fully approved implementation plan.
DATES: Written comments on this proposed rule must be received on or
before August 21, 1997.
ADDRESSES: Written comments should be mailed to: J. Elmer Bortzer,
Chief, Regulation Development Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Copies of the State submittal and EPA's analysis of it are
available for inspection at: Regulation Development Section, Regulation
Development Branch (AR-18J), U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: David Pohlman, Environmental
Scientist, Regulation Development Section, Regulation Development
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-3299.
SUPPLEMENTARY INFORMATION:
I. Background
Under section 107(d)(4)(B) of the Clean Air Act (Act), as amended
on November 15, 1990 (amended Act), certain areas (``initial areas'')
were designated nonattainment for PM. Under section 188 of the amended
Act these initial areas were classified as ``moderate''. The initial
areas include the Lake Calumet, McCook, and Granite City, Illinois, PM
nonattainment areas. (See 40 CFR 81.314 for a complete description of
these areas.) Section 189 of the amended Act requires State submission
of a PM SIP for the initial areas by November 15, 1991. Illinois
submitted the required SIP revision for the Lake Calumet, McCook, and
Granite City, Illinois, PM nonattainment areas to EPA on May 15, 1992.
Upon review of Illinois' submittal, EPA identified several concerns.
Illinois submitted a letter on March 2, 1994, committing to satisfy all
of these concerns within one year of final conditional approval. On May
25, 1994, the EPA proposed to conditionally approve the SIP. Final
conditional approval was published on November 18, 1994, and became
effective on December 19, 1994. The final conditional approval allowed
the State until November 20, 1995 to correct the five stated
deficiencies:
1. Invalid emissions inventory and attainment demonstration, due to
failure to include emissions from the roof monitors for the Basic
Oxygen Furnaces (BOFs) and underestimated emissions from the quench
towers at Granite City Steel (GCS).
2. Failure to adequately address maintenance of the PM National
Ambient Air Quality Standards (NAAQS) for at least 3 years beyond the
applicable attainment date.
3. Lack of an opacity limit on coke oven combustion stacks.
4. Lack of enforceable emissions limit for the electric arc furnace
(EAF) roof vents at American Steel Foundries.
5. The following enforceability concerns:
a. Section 212.107, Measurement Methods for Visible Emissions could
be misinterpreted as requiring use of Method 22 for sources subject to
opacity limits as well as sources subject to limits on detectability of
visible emissions.
b. Inconsistencies in the measurement methods for opacity, visible
emissions, and ``PM'' in section 212.110, 212.107, 212.108, and
212.109.
c. Language in several rules which exempts sources with no visible
emissions from mass emissions limits.
The Illinois Environmental Protection Agency (IEPA) held a public
hearing on the proposed rules on January 5, 1996. The rules became
effective at the State level on May 22, 1996, and were published in the
Illinois Register on June 7, 1996. Illinois made submittals to meet the
commitments related to the conditional approval on November 14, 1995,
May 9, 1996, June 14, 1996, and February 3, 1997. At this time, the EPA
is only acting on the portions of those submittals that pertain to the
Granite City PM nonattainment area conditional approval, including the
following new or revised rules in 35 Ill. Adm. Code:
Part 212: Visible and Particulate Matter Emissions
Subpart A: General
212.107 Measurement Method for Visible Emissions
212.108 Measurement Methods for PM-10 Emissions and Condensible PM-
10 Emissions
212.109 Measurement Methods for Opacity
[[Page 39200]]
212.110 Measurement Methods for Particulate Matter
Subpart L: Particulate Matter Emissions
212.324 Process Emission Units in Certain Areas
Subpart N: Food Manufacturing
212.362 Emission Units in Certain Areas
Subpart O: Stone, Clay, Glass and Concrete Manufacturing
212.425 Emission Units in Certain Areas
Subpart R: Primary and Fabricated Metal Products and Machinery
Manufacture
212.443 Coke Plants
212.446 Basic Oxygen Furnaces
212.458 Emission Units in Certain Areas
Subpart S: Agriculture
212.464 Sources in Certain Areas
In addition to the rule changes needed to meet the commitments in the
conditional approval, Illinois submitted other revised rules. Rules not
related to the Granite City PM nonattainment area conditional approval
will be addressed in future rulemaking actions.
Title I, section 107(d)(3)(D) of the amended Act and the general
preamble to Title I (57 FR 13498 (April 16, 1992)), allow the Governor
of a State to request the redesignation of an area from nonattainment
to attainment. The criteria used to review redesignation requests are
derived from the Act, general preamble, and the following policy and
guidance memorandum from the Director of the Air Quality Management
Division to the Regional Air Directors, September 4, 1992, Procedures
for Processing Requests to Redesignate Areas to Attainment. An area can
be redesignated to attainment if the following conditions are met:
1. The area has attained the applicable NAAQS;
2. The area has a fully approved SIP under section 110(k) of the
Act;
3. The air quality improvement must be permanent and enforceable;
4. The area has met all relevant requirements under section 110 and
Part D of the Act;
5. The area must have a fully approved maintenance plan pursuant to
section 175(A) of the Act.
II. Analysis of State Submittal
The first deficiency was an invalid emissions inventory and
attainment demonstration. The emissions inventory issue concerning the
quench tower emissions calculations involved the use of ``clean water''
(Clean water is defined as water with 1500 mg/l total
dissolved solids (TDS). Dirty water is defined as 5000 mg/l
TDS.) emission factor. The EPA had argued that, because Illinois' rules
allow weekly averaging and the PM standard is based on 24-hour
measurements, Illinois' quench rule could allow significantly dirtier
water than the 1200 mg/l TDS limit suggests, and should, therefore, be
modeled using the dirty water emission factor. Illinois submitted
records of quench water TDS concentrations which show that daily
concentrations rarely approach 1500 mg/l, let alone 5000 mg/l.
(Appendix 2 to Attachment 17 of Illinois' May 9, 1996 submittal) Based
on the information provided by Illinois, the EPA agrees that the use of
the clean water emission factor was appropriate.
To correct the problems with the attainment demonstration and
emissions inventory, Illinois adopted and submitted to the EPA a 20%, 3
minute average opacity limit on the GCS BOF roof monitors (35 IAC
212.446(c)) and a more stringent mass limit of 60 pounds per hour or
0.225 pounds per ton of steel produced for the BOF stack. Illinois also
submitted a revised emissions inventory, which includes emissions from
the BOF roof monitors, and a revised attainment demonstration including
an air quality modeling analysis.
In the submitted modeled attainment demonstration, which uses 5
years of meteorological data, a violation of the 24 hour NAAQS is
indicated when six exceedances of the 24 hour standard are predicted.
Each receptor's predicted 6th highest 24 hour value is, therefore,
compared to the standard. The 24 hour PM standard is 150 micrograms per
cubic meter (g/m3). The highest, sixth highest
predicted 24 hour PM concentration at any receptor in the Granite City
nonattainment area was 135.7 g/m3. Thus, the
modeling analysis predicts that the 24-hour NAAQS will be met.
A modeled violation of the annual PM standard is indicated when any
receptor's 5 year arithmetic mean annual PM concentration exceeds the
annual PM standard of 50 g/m3. The highest
arithmetic mean annual PM concentration predicted by the modeling for
the Granite City area was 49.05 g/m3. Therefore,
the modeling analysis predicts that the annual PM NAAQS will be met.
The second deficiency was Illinois' failure to adequately address
maintenance of the PM NAAQS for at least 3 years beyond the applicable
attainment date. Because of the length of time it may take to determine
whether an area has attained the standards, EPA recommends that PM
nonattainment area SIP submittals demonstrate maintenance of the PM
NAAQS for at least 3 years beyond the applicable attainment date. (See
a August 20, 1991, memorandum from Fred H. Renner, Jr. to Regional Air
Branch Chiefs titled ``Questions and Answers for Particulate Matter,
Sulfur Dioxide, and Lead'') Illinois' May 15, 1992, submittal took
growth into account in the modeling analysis, but did not adequately
address maintenance of the NAAQS for PM.
The attainment date was December 31, 1994. Therefore, Illinois
needs to show maintenance up to December 31, 1997. In the May 9, 1996,
submittal, Illinois used ambient monitoring data to show that
background concentrations of PM were no higher in 1995 than they were
in 1991, and there are no significant trends in background pm
concentrations from 1989 to 1995. (See Figure 1 of Attachment 18 to the
May 9, 1996, submittal.) Illinois concluded from this analysis that the
effects of growth on ambient PM concentrations in the Granite City PM
nonattainment area will continue to be negligible through the end of
the maintenance period. The EPA agrees, because of the short time
remaining in the maintenance period, that the projection of trends in
PM background concentrations is sufficient for this maintenance
demonstration.
The third deficiency was the lack of an opacity limit on coke oven
combustion stacks. Because coke oven operations are generally covered
by special opacity limits, Illinois' SIP exempts coke oven sources from
the statewide 30 percent opacity limit. This State exemption was
approved by EPA on September 3, 1981. It was later realized that this
exemption left coke oven combustion stacks without an opacity limit.
Coke oven combustion stacks in Illinois are subject to grain loading
limits which require stack tests for compliance determinations. Because
stack tests can take months to perform and only last a few hours, an
opacity limit, for which compliance can be determined by visual
observations, is needed to ensure continuous compliance. This
deficiency was cited in the November 18, 1994, conditional approval of
Illinois' pm SIP submittal for the Granite City, Lake Calumet and
McCook nonattainment areas.
In response to the conditional approval of Illinois' PM plan, the
State adopted a 30 percent opacity limit for coke oven combustion
stacks. However, this rule also includes an exemption for ``when a leak
between any coke oven and the oven's vertical or crossover flue(s) is
being repaired . . .'' for up to 3 hours per repair. Illinois' position
is that this is a very limited exemption. The State reports that the
exemption will apply only 1 percent to 4 percent of the time, and that
encouraging such
[[Page 39201]]
maintenance would reduce potential problems with future emissions. The
State explains that this exemption is needed only for LTV Steel in
Chicago because of a procedure LTV uses to detect and repair oven leaks
using ceramic welding. Illinois states that other coke ovens in the
State (including Granite City Steel) almost never require ceramic
welding; however, the rule applies to all Illinois coke oven batteries
so that such repairs will be allowed when coke oven aging requires
future repairs at other facilities.
The EPA believes this rule is unacceptable for several reasons.
First, the exemption could apply for a large percentage of time, since
repairs which would qualify for the exemption are quite common.
Illinois' estimate of 1 percent to 4 percent exemption time is based on
only ceramic welding. There are other types of repairs which could
qualify for the exemption, such as silica dusting, spray patching,
panel patching, end flue rehabilitation, and through wall
rehabilitation. Aside from the significance of unlimited emissions for
1 percent to 4 percent of the time (for ceramic welding), the exemption
time would be even higher when other types of repairs are considered.
Second, compliance with this opacity limit will not ensure
compliance with the corresponding mass emission limits. Since there is
no repair exemption in the mass limits for these sources, it is likely
that the mass limits would be exceeded during the 3-hour exemption
periods.
Third, the repair opacity exemption could be used to argue against
stack tests taken while ovens are being repaired. It could be argued
that, by accepting the opacity repair exemption, the EPA would be
recognizing that sources cannot comply with emissions limits while oven
repairs are being made.
Fourth, the exemption allows for battery condition to degrade to
the point where ceramic welding is needed. An unlimited repair
exemption would encourage the patching of old batteries when more
substantive repairs would be appropriate. In fact, Illinois has stated
that the exemption is currently only needed for LTV Steel in Chicago,
yet the rule applies statewide so that other batteries can take
advantage of the exemption when their condition deteriorates.
Fifth, other states across the country impose 20% opacity limits on
coke oven combustion stacks, with exemptions, if any, of only a few
minutes per hour. Even in areas not designated nonattainment for PM,
these stacks are often covered by 20% opacity limits. Indiana imposes a
20 percent six minute average opacity limit on coke oven combustion
stacks in PM nonattainment areas, with no exemption. Other such stacks
in Indiana are covered by either a 30 percent or 40 percent six minute
average, with no exemption. Ohio requires combustion stacks to meet a
20 percent 6-minute average opacity limit with a 1 averaging period per
hour exemption up to 60 percent opacity. Michigan also has a 20 percent
6-minute average opacity limit, with a 1 averaging period per hour
exemption up to 27 percent opacity. West Virginia imposes a 20% opacity
limit with a 5-minute per hour exemption up to 40%, while Utah uses a
20% 6-minute average limit with no exemption. In Allegheny County,
Pennsylvania, opacity from coke oven combustion stacks is not allowed
to equal or exceed 20% opacity for more than 3 minutes per hour, and is
never allowed to exceed 60% opacity.
Since this opacity limit is not acceptable, Illinois has not
adequately addressed this issue.
The fourth conditional approval item involved the pM emission
limitations on the electric arc furnace roof vents at American Steel
Foundries. The EPA considered the mass limits on these sources to be
unenforceable because the stacks are too short to be tested for
compliance. The rules submitted by IEPA include a 20% opacity limit (6-
min average) on the EAF roof vents at American Steel Foundries. This
limit is enforceable. Therefore, the enforceability problem has been
addressed.
The final issue from the November 18, 1994, conditional approval
notice involves wording problems in several of Illinois' rules. In the
1992 submittal, 35 IAC Section 212.107, Measurement Methods for Visible
Emissions, stated that Method 22 should be used for ``detection of
visible emissions''. This could be misinterpreted as requiring use of
Method 22 for sources subject to opacity limits as well as sources
subject to limits on detectability of visible emissions. The revised
rule (See the June 14, 1996, submittal.) contains revised language
which adequately clarifies the intended uses of Method 22.
Another wording problem was the fact that measurement methods for
opacity, visible emissions, and ``PM'' in 35 IAC 212.107, 212.108,
212.109, and 212.110 were not always consistent with each other. The
revised rules in the June 14, 1996, submittal contain much less overlap
than the previous rules. The rules are now consistent.
Finally, several of the rules in the 1992 submittal contained
language which exempted sources with no visible emissions from mass
emissions limits. Illinois has added language which states that the
exemption ``is not a defense to a finding of a violation of the mass
emission limits''. This issue has been adequately addressed.
Under cover letters dated March 19, 1996, and October 15, 1996, the
State submitted a redesignation request for the Granite City PM
nonattainment area. A public hearing was held on May 6, 1996.
All five of the redesignation criteria given under section
107(d)(3)(E) of the Clean Air Act must be satisfied in order for the
EPA to redesignate an area from nonattainment to attainment. Under the
second criterion, the EPA is prohibited from redesignating an area to
attainment when a SIP for that area has not been fully approved. Those
States containing initial moderate PM nonattainment areas were required
to submit a SIP by November 15, 1991 which implemented reasonably
available control measures (RACM) by December 10, 1993 and demonstrated
attainment of the PM NAAQS by December 31, 1994. The SIP for the area
must be fully approved under section 110(k) of the Act, and must
satisfy all requirements that apply to the area.
Illinois submitted the required SIP revision for the Granite City
PM nonattainment area to EPA on May 15, 1992. Upon review of Illinois'
submittal, EPA identified several concerns. Illinois submitted a letter
on March 2, 1994, committing to satisfy all of these concerns within
one year of final conditional approval. On May 25, 1994, the EPA
proposed to conditionally approve the SIP. Final conditional approval
was published on November 18, 1994, and became effective on December
19, 1994. The final conditional approval gave the State one year to
correct the five stated deficiencies. Illinois made submittals to meet
the commitments related to the conditional approval on November 14,
1995, May 9, 1996, June 14, 1996, and February 3, 1997. In this notice,
the EPA is proposing to disapprove this submittal because it does not
correct all the concerns cited in the conditional approval. Illinois
has not provided an enforceable limit for coke oven combustion stacks
(see discussion above). Therefore, Illinois does not have a fully
approved SIP for the Granite City PM nonattainment area. Without a
fully approved SIP, the redesignation request can not be approved.
Section 179(a) of the amended Act states that if the Administrator
finds that a State has failed to make a required submission, finds that
a SIP or SIP
[[Page 39202]]
revision submitted by the State does not satisfy the minimum criteria
established under section 110(k) of the amended Act, or disapproves a
SIP submission in whole or in part, unless the deficiency has been
corrected within 18 months after the finding, one of the sanctions
referred to in section 179(b) of the amended Act shall apply until the
Administrator determines that the State has come into compliance.
(Pursuant to 40 CFR 52.31, the first sanction shall be a sanction
requiring 2 to 1 offsets, in the absence of a case-specific selection
otherwise.) If the deficiency has not been corrected within 6 months of
the selection of the first sanction, the second sanction under section
179(b) shall also apply. In addition, section 110(c) of the Act
requires promulgation of a Federal Implementation Plan (FIP) within 2
years after the finding or disapproval, as discussed above, unless the
State corrects the deficiency and the SIP is approved before the FIP is
promulgated.
On December 17, 1991, a letter was sent to the Governor of Illinois
notifying him that the EPA was making a finding that the State of
Illinois had failed to submit PM SIPs for the Lake Calumet, McCook, and
Granite City nonattainment areas. This letter triggered both the
sanctions and FIP processes as explained above. Illinois submitted a PM
SIP revision for the three nonattainment areas on May 15, 1992, and in
an April 30, 1993, letter to the State the EPA informed the State that
the SIP was determined to be complete. Therefore, the deficiency which
started the sanctions and FIP processes was corrected, and the
sanctions process ended. The FIP process, however, was not stopped by
the correction of the deficiency and EPA was to promulgate a FIP within
2 years of the failure-to-submit letter (or December 17, 1993), unless
a PM SIP for the three nonattainment areas was finally approved before
then.
On November 18, 1994, the EPA conditionally approved the SIP. The
final conditional approval allowed the State until November 20, 1995,
to correct the five stated deficiencies. Conditional approval does not
start a new sanctions process, unless the state fails to make a
submittal to address the deficiencies, makes an incomplete submittal,
or the submittal is ultimately disapproved. Illinois made a submittal
to meet the commitments related to the conditional approval on November
14, 1995. Supplemental information was submitted on May 9, 1996, June
14, 1996, and February 3, 1997. This submittal became complete by
operation of law on May 14, 1996.
III. EPA's Proposed Rulemaking Action
Illinois has corrected all of the deficiencies listed in the
November 18, 1994, conditional approval as they relate to the Granite
City PM nonattainment area except for one deficiency. The State failed
to provide an acceptable opacity limit on coke oven combustion stacks.
Because Illinois has not met all of the commitments of the conditional
approval, the EPA is proposing limited approval/limited disapproval of
the plan. By this action, EPA is proposing to approve those regulations
that have a strengthening effect on the SIP, while at the same time
proposing to disapprove the overall SIP for failure to satisfy the
requirement under the Clean Air Act for a fully enforceable plan that
assures attainment. See sections 172(c)(1), 172(c)(6), and 189(a)(1)(B)
of the Act. The EPA may grant such a limited approval under section
110(k)(3) of the Act in light of the general authority delegated to EPA
under section 301(a) of the Act, which allows EPA to take actions
necessary to carry out the purposes of the Act.
Upon limited approval/limited disapproval of the Granite City PM
SIP, a new 18-month sanctions clock will begin. See section 179 (a) and
(b) of the Act. To correct the deficiency and avoid implementation of
sanctions, Illinois must submit a complete plan to the EPA, and that
plan must be fully approved within 18 months from the final limited
approval/limited disapproval.
The EPA is also proposing disapproval of Illinois' March 19, 1996,
and October 15, 1996, request to redesignate the Granite City area to
attainment for PM because the SIP for the area has not been fully
approved by the EPA.
EPA is requesting written comments on all aspects of this proposed
rule. As indicated at the outset of this document, EPA will consider
any written comments received by August 21, 1997.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. section 600 et seq.,
EPA must prepare a regulatory flexibility analysis assessing the impact
of any proposed or final rule on small entities. 5 U.S.C. sections 603
and 604. Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the Act
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP
approval does not impose any new requirements, the Administrator
certifies that it does not have a significant impact on any small
entities affected. Moreover, due to the nature of the Federal-State
relationship under the Act, preparation of a flexibility analysis would
constitute Federal inquiry into the economic reasonableness of the
State action. The Clean Air Act forbids EPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. EPA., 427 U.S.
246, 256-66 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must undertake various actions
in association with any proposed or final rule that includes a Federal
mandate that may result in estimated costs to state, local, or tribal
governments in the aggregate; or to the private sector, of $100 million
or more. This Federal action approves pre-existing requirements under
state or local law, and imposes no new requirements. Accordingly, no
additional costs to state, local, or tribal governments, or the private
sector, result from this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.
Dated: July 1, 1997.
David A. Ullrich,
Acting Regional Administrator.
[FR Doc. 97-19212 Filed 7-21-97; 8:45 am]
BILLING CODE 6560-50-P
